Mohan Singh Gill v. Secretary of State

STATE OF MICHIGAN COURT OF APPEALS MOHAN SINGH GILL, UNPUBLISHED January 17, 2017 Petitioner-Appellant, v No. 329656 Kent Circuit Court SECRETARY OF STATE, LC No. 15-008012-AL Respondent-Appellee. Before: MURPHY, P.J., and METER and RONAYNE KRAUSE, JJ. PER CURIAM. Petitioner appeals as of right the circuit court order denying his petition for a restricted driver’s license. We dismiss this appeal as moot. This case arose out of petitioner’s arrest for operating a vehicle while intoxicated with a high blood-alcohol content, MCL 257.625(1)(c). Petitioner refused to submit to a chemical test. See MCL 257.625d. As a result, respondent suspended petitioner’s driver’s license for one year beginning on June 24, 2015, pursuant to MCL 257.625f(7)(a).1 Petitioner sought modification of his suspension by petitioning the circuit court, under MCL 257.323, for an order granting a restricted license. The circuit court denied the petition, finding that it did not have the jurisdiction to grant petitioner a restricted license because he was also subject to the suspension for his conviction of operating a vehicle while intoxicated with a high blood-alcohol content. In addition, the circuit court concluded that even if it had jurisdiction to grant petitioner a restricted license, petitioner had failed to establish sufficient hardship. Petitioner sought review of the circuit court’s decision with this Court. However, petitioner’s suspension period has expired.2 As a result, this appeal is moot. B P 7 v Bureau of State Lottery, 231 Mich App 356, 359; 586 NW2d 117 (1998) (stating that “[a]n issue is deemed moot when an event occurs that renders it impossible for a reviewing court to grant relief”). “Here, there is no meaningful relief 1 Petitioner also received a one-year suspension of his driver’s license for his conviction of operating a vehicle while intoxicated, but that suspension is not the subject of this appeal. 2 Petitioner’s driver’s license was suspended from June 24, 2015, until June 23, 2016. -1- this Court can provide,” because petitioner’s suspension of his driver’s license has expired. Id. Further, petitioner does not argue that this is “an issue of public significance . . . that would compel [this Court] to decide the moot issue presented.” Id. Dismissed as moot. /s/ William B. Murphy /s/ Patrick M. Meter /s/ Amy Ronayne Krause -2-